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Home Source documents Court filing — No. 1:21-cr-00061 (Dkt. 235)

Court filing — No. 1:21-cr-00061 (Dkt. 235)

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Case 1:21-cr-00061-LEW        Document 235 Filed 03/31/25           Page 1 of 3    PageID #:
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                        UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF MAINE

UNITED STATES OF AMERICA
                                                  Case No. 1:21-cr-00061-LEW
v.

NATHAN REARDON


      OPPOSITION TO MOTION FOR DECLARATORY JUDGMENT AND
     INJUNCTIVE RELIEF TO RESTORE SECOND AMENDMENT RIGHTS

       The Government, by and through undersigned counsel, opposes Defendant

Nathan Reardon’s pro se Motion for Declaratory Judgment and Injunctive Relief to

Restore Second Amendment Rights (the “Motion” or “Mot.,” Dkt. #232, Mar. 20, 2025),

filed in the above-captioned criminal matter. By his Motion, Defendant “moves this

Court to declare 18 U.S.C. § 922(g)(1) unconstitutional as applied to him and to enjoin

its enforcement, thereby restoring his Second Amendment right to keep and bear arms.”

Mot. at 1. A declaratory judgment and permanent injunction are sought. Id. at 2.

       The Motion should be denied without prejudice to Defendant proceeding—if the

Court deems it appropriate—in accordance with the Federal Rules of Civil Procedure.

The Motion is pending here in Defendant’s previous criminal case. However, “[t]here is

one form of action—the civil action,” and any such “civil action [must be] commenced by

filing a complaint with the court.” FED. R. CIV. P. 2 & FED. R. CIV. P. 3; see also Clarke v.

Brewer, 18-cv-11880, 2018 WL 3770033, at *1 (E.D. Mich. Aug. 9, 2018) ( “[b]efore a

complaint is filed, no action has ‘commenced,’ and the court lacks subject matter

jurisdiction to grant relief”). Defendant, who is no stranger to filing civil lawsuits with




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Case 1:21-cr-00061-LEW          Document 235 Filed 03/31/25            Page 2 of 3     PageID #:
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this Court, 1 is therefore unable to seek civil declaratory and injunctive relief in his

criminal case.

       The Government is mindful, however, that “less stringent standards”

nevertheless apply to pro se litigants’ filings, which must be “liberally construed.”

Erickson v. Pardus, 551 U.S. 89, 94 (2007)). The Motion arguably approximates the

pleading elements required under Federal Rule of Civil Procedure 8(a) and bears some

resemblance to a pleading. Accordingly, the Government suggests docketing the Motion

as a complaint on a new civil docket and proceeding (if at all) following the issuance of

the necessary summons and scheduling order.

       WHEREFORE, the Government respectfully requests that the Motion be denied,

but transferred to a new civil docket where the action may progress in accordance with

the Federal Rules of Civil Procedure.

Dated: March 31, 2025                                Respectfully submitted
      Bangor, Maine
                                                     CRAIG M. WOLFF
                                                     Acting United States Attorney

                                                      /s/ Andrew K. Lizotte
                                                     Andrew K. Lizotte, AUSA
                                                     202 Harlow Street
                                                     Bangor, ME 04401
                                                     (207) 262-4636
                                                     Andrew.Lizotte@usdoj.gov




1        See Reardon v. Lowes Home Centers LLC, 1:25-cv-00099-LEW (D. Me.); Reardon v. United
States, 1:21-cv-00361-LEW (D. Me.); Reardon v. Lowes Companies Inc., 1:21-cv-00362-LEW (D. Me.);
Reardon v. Tegna East Coast Broadcasting LLC, 1:21-cv-00356-JDL (D. Me.).
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Case 1:21-cr-00061-LEW        Document 235 Filed 03/31/25         Page 3 of 3    PageID #:
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                             CERTIFICATE OF SERVICE

       I hereby certify that on March 31, 2025, I electronically filed the foregoing using
the CM/ECF system, which will send an electronic notification of such filing to all
counsel of record, and that I have further caused the same to be mailed to Defendant’s
last known address of record.


                                                 CRAIG M. WOLFF
                                                 Acting United States Attorney

                                                  /s/ Andrew K. Lizotte
                                                 Andrew K. Lizotte, AUSA
                                                 202 Harlow Street
                                                 Bangor, ME 04401
                                                 (207) 262-4636
                                                 Andrew.Lizotte@usdoj.gov




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